Case: Johnson v. Martin

2:00-cv-00075 | U.S. District Court for the Western District of Michigan

Filed Date: March 28, 2000

Clearinghouse coding complete

Case Summary

On March 28, 2000, an incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization, filed a lawsuit in the United States District Court Western District of Michigan under 42 U.S.C. § 1983 and 29 U.S.C. § 2000cc (Religious Land Use and Institutionalized Persons Act (RLUIPA)) against the Michigan Department of Corrections (MDOC). The plaintiff, in pro per, asked the court for declaratory and injunctive relief. Specifically, plaintiff alleged that the …

On March 28, 2000, an incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization, filed a lawsuit in the United States District Court Western District of Michigan under 42 U.S.C. § 1983 and 29 U.S.C. § 2000cc (Religious Land Use and Institutionalized Persons Act (RLUIPA)) against the Michigan Department of Corrections (MDOC). The plaintiff, in pro per, asked the court for declaratory and injunctive relief. Specifically, plaintiff alleged that the MDOC violated his rights under the Due Process Clause, First Amendment, Equal Protection Clause, and under the RLUIPA with the total ban against Melanic literature in Michigan prisons.

The dispute in this case arose when the MDOC classified the Melanic Islamic Palace of the Rising Sun and its incarcerated members (Melanics) as a security threat group. As a result, Melanic members had to renounce their membership or face a higher security classification. If a prisoner is designated a member of a security threat group, the prisoner is prohibited from possessing documents, materials, symbols, colors or pictures of the group.

In January 2000, incarcerated Melanics were given seven business days to dispose of or turn over all materials evidencing Melanic membership. The MDOC also began to reject mailings of Melanic writings to incarcerated individuals. Plaintiffs allege the Melanic writings that they were ordered to relinquish and are prohibited from possessing are essential to the practice of their religion.

On September 21, 2001, the U.S. District Court for the Western District of Michigan (Magistrate Judge Timothy P. Greeley) consolidated two previously filed suits. On April 29, 2002, the District Court (Judge Richard Alan Enslen) granted class certification, limited to injunctive relief. On April 25, 2003, the Court (Judge Enslen) granted class certification, for the purpose of determining liability, to current prisoners of the MDOC who were members of the Melanics on January 7, 2000, and whose religious materials were confiscated after January 7, 2000 or who could not possess Melanic materials after January 7, 2000.

On December 7, 2005, the Court (Judge Enslen) found Plaintiffs were entitled to injunctive relief under the RLUIPA and the Court enjoined Defendant from totally banning Melanic literature from MDOC institutions. On May 15, 2006, the Court (Judge Enslen) granted Plaintiffs requested attorneys' fees in part.

Summary Authors

Lori Arakaki (10/9/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4678316/parties/johnson-v-martin/


Judge(s)

Enslen, Richard Alan (Michigan)

Greeley, Timothy P. (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Olivieri, Linda M. (Michigan)

Thurber, John L. (Michigan)

Wright, Patrick J. (Michigan)

Other Attorney(s)

Active

Judge(s)

Enslen, Richard Alan (Michigan)

Greeley, Timothy P. (Michigan)

Attorneys(s) for Plaintiff

Manville, Daniel E. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Olivieri, Linda M. (Michigan)

Thurber, John L. (Michigan)

Wright, Patrick J. (Michigan)

Other Attorney(s)

Gross, Charles R. (Michigan)

Hasson, Kevin J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 5, 2012 Docket
161

Opinion

223 F.Supp.2d 820

Sept. 26, 2002 Order/Opinion
363

Order

Jan. 3, 2005 Order/Opinion
377

Opinion

2005 WL 3312566

Dec. 7, 2005 Order/Opinion
391

Opinion

2006 WL 223108

Jan. 30, 2006 Order/Opinion
401

Opinion (granting in part and denying in part plaintiffs' motions for attorney's fees)

2006 WL 1361771

May 15, 2006 Order/Opinion
423

Order

2007 WL 2917244

Oct. 5, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4678316/johnson-v-martin/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
377

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Dec. 7, 2005 RECAP
1

COMPLAINT filed (9 pgs w/5 pgs Joint Appendix and Exhibits); case referred to Magistrate Judge Timothy P. Greeley and assigned to the Administrative Track (cep) (Entered: 03/28/2000)

March 28, 2000
391

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 30, 2006 RECAP
2

RECEIPT #046533 in the amount of $150.00 submitted by pltf for filing fee (cep) (Entered: 03/28/2000)

March 28, 2000

Summons mailed to plaintiff to be completed and returned to clerk's office for signature; extra copies of complaint returned to pltf (erv) (Entered: 04/12/2000)

April 12, 2000
401

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 15, 2006 RECAP
423

ORDER denying 413 plaintiffs' motion to enforce judgment and to conduct evidentiary hearing; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 5, 2007 RECAP
3

ATTORNEY APPEARANCE by defts adding attorney(s) Christine M. Campbell (erv) (Entered: 05/05/2000)

May 5, 2000
4

MOTION by defts to extend time to answer w/brief in support and prf of svc (erv) (Entered: 05/05/2000)

May 5, 2000
428

ORDER denying 425 plaintiffs' motion to modify language of injunction; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 7, 2008 RECAP
5

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to extend time to answer [4−1] to 7/10/00 (cc: all counsel) [EOD Date 5/26/00] (jld) (Entered: 05/26/2000)

May 25, 2000
6

MOTION by defts for Rule 12(b) dismissal and for summary judgment w/brief in support, Exhibits A to D−3 and prfsvc (cep) (Entered: 07/12/2000)

July 12, 2000
7

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re defts' motion for Rule 12(b) dismissal [6−1] and motion summary judgment [6−2]; pltf to file a response by 8/16/00 (cc: all counsel) [EOD Date 7/20/00] (erv) (Entered: 07/20/2000)

July 19, 2000
8

EXHIBITS C and C−1 by defts Martin, Kapture, Newland and Moore re defts' motion for summary judgment [6−2] w/prfsvc (cep) (Entered: 07/24/2000)

July 24, 2000
10

MOTION by pltf to extend time to respond to defts' motion for dismissal or summary judgment w/brief in support, exhibit A and certificate of mailing (erv) (Entered: 08/08/2000)

Aug. 7, 2000
11

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion to extend time to respond to defts' motion for dismissal or summary judgment [10−1][6−1][6−2] is granted; pltf to file response by 9/16/00 (cc: all counsel) [EOD Date 8/11/00] (cep) (Entered: 08/11/2000)

Aug. 11, 2000
12

EXHIBIT F−4 by defts [6−2] and prfsvc (jld) (Entered: 08/16/2000)

Aug. 16, 2000
13

RESPONSE by pltf to defts' motion for Rule 12(b) dismissal [6−1] and for summary judgment [6−2] w/memorandum of law, Exhibit A and verification of svc (cep) (Entered: 09/22/2000)

Sept. 21, 2000
14

CHANGE OF ADDRESS by pltf (jld) (Entered: 01/03/2001)

Jan. 3, 2001
15

OPINION (21 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

March 20, 2001
16

ORDER (1 pg) by Chief Judge Richard A. Enslen that defts' motion for Rule 12(b) dismissal [6−1] and for summary judgment [6−2] is GRANTED in part, and DENIED in part; pltf's complaint is DISMISSED w/regard to his due process and state law claims (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

March 20, 2001
17

ORDER Setting Telephone Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 5/8/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 03/28/2001)

March 27, 2001
18

SUBSTITUTED APPEARANCE OF COUNSEL: terminating atty Christine M. Campbell for Moore, Newland, Kapture and Martin and substituting atty Wright w/prf of svc (cep) (Entered: 03/30/2001)

March 30, 2001
19

ANSWER to complaint by defts; w/affirmative defenses, jury demand and prf of svc (erv) (Entered: 04/09/2001)

April 2, 2001
20

JOINT STATUS REPORT by pltf and defts w/prf of svc (cep) (Entered: 05/04/2001)

May 4, 2001
21

MOTION by pltf for appointment of counsel w/brief in support and cert of mailing (cep) (Entered: 05/07/2001)

May 7, 2001
22

ATTORNEY APPEARANCE by pltf adding atty Daniel E. Manville w/cert of svc (cep) (Entered: 06/04/2001)

June 4, 2001
23

MOTION by pltf for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics w/brief in support, draft copy of first amended complaint and cert of svc (cep) (Entered: 06/05/2001)

June 4, 2001
24

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re pltf's motion for leave to file first amended complaint adding defts Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] 7/6/01 (cc: all counsel) [EOD Date 6/8/01] (erv) (Entered: 06/08/2001)

June 8, 2001
25

ORDER APPOINTING COUNSEL (1 pg) by Magistrate Judge Timothy P. Greeley granting motion for appointment of counsel [21−1] and appoints Daniel Manville to represent the plaintiff (cc: all counsel) [EOD Date 6/13/01] (jld) (Entered: 06/13/2001)

June 12, 2001
26

ORDER Setting Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 7/24/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 06/26/2001)

June 26, 2001
27

OPPOSITION by defts Martin, Kapture, Newland and Moore to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] w/attachment and prf of svc (cep) (Entered: 07/03/2001)

July 2, 2001
28

REPLY by pltf to defts' opposition to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] w/attachment (cep) (Entered: 07/05/2001)

July 5, 2001
29

NOTICE of hearing: ; Telephone Rule 16 Scheduling Conf rescheduled 11:00 a.m. on 7/25/01 (cc: all counsel) (erv) (Entered: 07/12/2001)

July 12, 2001
30

ORDER (3 pgs) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren Melanics [23−1] is GRANTED (cc: all counsel) [EOD Date 7/25/01] (cep) (Entered: 07/25/2001)

July 25, 2001
31

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23−1] is granted; pltf to effectuate service of amended complaint by 8/1/01; defts to file answer to amended complaint by 8/22/01; Telephone Rule 16 Scheduling Conf adjourned to 9:00 a.m. on 9/7/01; Joint Status report due 9/4/01 (cc: all counsel) [EOD Date 7/27/01] (cep) (Entered: 07/27/2001)

July 27, 2001
32

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief and for Damages for Named Pltfs Only (20 pgs) [1−1]; adding pltfs Michael Jenkins, Melanic Islam Palace, Vernon B. Pressley, Lacey Fondren, Morris Martin and defts Robert Mulvaney and Dan Bolden w/Cert of Svc (cep) (Entered: 08/01/2001)

July 31, 2001
33

MOTION by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin for class certification w/brief in support, attachments and cert of svc (cep) (Entered: 08/01/2001)

Aug. 1, 2001
34

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re motion for class certification [33−1]; defts to file response to pltfs' motion by 8/30/01 (cc: all counsel) [EOD Date 8/2/01] (cep) (Entered: 08/02/2001)

Aug. 2, 2001
37

ATTORNEY APPEARANCE by pltf adding atty Michael J. Steinberg and Kary L. Moss w/cert of svc (cep) (Entered: 08/08/2001)

Aug. 3, 2001
35

WAIVER OF SERVICE executed upon deft Robert Mulvaney; request for waiver sent on 7/24/01 (cep) (Entered: 08/06/2001)

Aug. 6, 2001
36

WAIVER OF SERVICE executed upon deft Dan Bolden; request for waiver sent on 7/26/01 (cep) (Entered: 08/06/2001)

Aug. 6, 2001
38

ANSWER to complaint by defts Martin, Kapture, Newland and Moore; w/affirmative defenses, jury demand and prf of svc (cep) (Entered: 08/27/2001)

Aug. 22, 2001
39

BRIEF IN RESPONSE by defts Martin, Kapture, Newland and Moore to motion for class certification [33−1] w/Exhibits 1−3 and prf of svc (cep) (Entered: 09/05/2001)

Aug. 30, 2001
40

PROOF OF SERVICE by defts Martin, Kapture, Newland and Moore for Deft Martin's Response to Pltf's First Request for Documents to Deft Martin, Deft Bolden's Response to Pltf's First Request for Documents to Deft Bolden and Deft Martin's Response to Pltf's First Set of Interrogatories for Deft Martin upon atty of record on 8/3/01 by US Mail (cep) (Entered: 09/05/2001)

Sept. 4, 2001
41

NOTICE of hearing: Telephone Rule 16 Scheduling Conf set for 9:00 a.m. on 9/11/01 (cc: all counsel) (cep) (Entered: 09/05/2001)

Sept. 4, 2001
42

THIRD JOINT STATUS REPORT by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Morris Martin and defts Bill Martin, Kapture, Newland and Moore (Patrick Wright signed for Daniel Manville "w/permission") (cep) (Entered: 09/05/2001)

Sept. 5, 2001
43

REPLY BRIEF by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin to defts' response to pltf's motion for class certification [33−1] w/Exhibits 1 and 2 and cert of svc (cep) (Entered: 09/13/2001)

Sept. 12, 2001
45

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltfs shall have until 10/31/01 to file a response to defts' motion for summary judgment filed in the case of Jenkins, et al. v. Martin, et al., Case No. 1:01−cv−515 (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

Sept. 24, 2001
46

CASE MANAGEMENT ORDER (8 pgs) by Magistrate Judge Timothy P. Greeley joinder/amendment by 10/11/01; pltf's witnesses by 11/16/01; dft's witnesses by 12/14/01; interrogatories limited to 40 single part questions; depositions limited to 15 fact witnesses per party; time limits for depositions don't apply; jury trial set for 9:00 a.m. during 3/03 trial session in Kalamazoo; discovery completed by 6/28/02; motion filing ddl set for 7/31/02; settlement conf set for 9:00 a.m. on 1/22/03; final pretrial conference is scheduled for 2/18/03 at 2:30 p.m. before the Hon. Richard A. Enslen in Kalamazoo, MI (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

Sept. 24, 2001
47

PROOF OF SERVICE by defts Robert Mulvaney and Dan Bolden for deft Bolden's Response to pltfs 6th Request for Documents; and deft Mulvaney's Response to pltfs' 7th Request for Documents upon atty Daniel E. Manville by first class mail on 9/20/01 (erv) (Entered: 10/01/2001)

Sept. 26, 2001
48

PROOF OF SERVICE by deft for defts Response to pltfs' 1st Request for Documents to Deft Bolden, Item 11; defts Response to pltfs' 5th Request for Documents to Deft Martin, Item 28; defts' Response to pltfs' 4th Request for Documents to deft Martin, Item 21; defts Response to pltfs' 1st Request for Documents to deft Bolden, Itembs 10b and 10c; and defts' Response to pltfs' First Request for Documents to Deft Mulvaney, Item 1 upon atty Daniel E. Manvill by First Class Mail on 8/23/01 (erv) (Entered: 10/01/2001)

Sept. 26, 2001
49

NOTICE of hearing: re: pltf's motion to compel (#11 in case 1:01−cv−515) set for 10/23/01 at 1:30 p.m. (cc: all counsel)(erv) Modified on 10/03/2001 (Entered: 10/03/2001)

Oct. 2, 2001
51

PROOF OF SERVICE by deft for deft Bolden's Response to pltf's Second Request for Admission to Dan Bolden and deft Bolden's Response to pltf's Third Request for Admission to Dan Bolden upon atty of record by US Mail on 10/5/01 (erv) (Entered: 10/12/2001)

Oct. 9, 2001
52

PROOF OF SERVICE by deft for deft Mulvaney's Response to plft's Eight Request for Documents; and deft Mulvaney's Response to pltf's Sixth Set of Interrogatories upon atty of record on 10/9/01 (erv) (Entered: 10/12/2001)

Oct. 10, 2001
53

MOTION by pltf for leave to file second amended complaint w/brief in support, proposed second amended complaint and certificate of service (erv) (Entered: 10/16/2001)

Oct. 10, 2001
50

NOTICE by pltf of withdrawal of ninth motion to compel discovery w/certificate of service (erv) (Entered: 10/11/2001)

Oct. 11, 2001
54

PROOF OF SERVICE by deft for deft Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/9/01 (erv) (Entered: 10/16/2001)

Oct. 12, 2001
55

PROOF OF SERVICE by deft for defendant Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/16/01 (erv) (Entered: 10/19/2001)

Oct. 17, 2001
57

OPPOSITION by defts to pltfs' motion for leave to file second amended complaint [53−1] w/prf of svc (erv) (Entered: 10/23/2001)

Oct. 19, 2001
58

REPLY by pltfs to defts' opposition to pltfs' motion for leave to file second amended complaint [53−1] (erv) (Entered: 10/25/2001)

Oct. 25, 2001
60

PROOF OF SERVICE by deft for Supplemental Attachments to Defts' Response to Pltf's Fourth Request for Documents to Deft Bolden, Item 19 upon atty of record by hand delivery on 10/26/01 (erv) (Entered: 11/01/2001)

Oct. 29, 2001
59

ORDER (2 pgs) by Magistrate Judge Timothy P. Greeley granting pltfs' motion for leave to file second amended complaint [53−1]; pltfs shall file their second amended complaint w/in 30 days of the date of this order (cc: all counsel) [EOD Date 10/30/01] (erv) (Entered: 10/30/2001)

Oct. 30, 2001
63

MOTION to intervene by USA w/brief in support and certificate of service (erv) (Entered: 11/05/2001)

Oct. 31, 2001
64

ATTORNEY APPEARANCE by movant USA adding attorney(s) Charles R. Gross (erv) (Entered: 11/05/2001)

Oct. 31, 2001
61

MOTION by movant Becket Fund for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment w/proposed brief and certificate of service (erv) (Entered: 11/01/2001)

Nov. 1, 2001
62

EX−PARTE MOTION by pltf to exceed page limitation w/brief in support, proposed brief and certificate of service (erv) (Entered: 11/01/2001)

Nov. 1, 2001
66

PROOF OF SERVICE by defts for Defendant's Supplemental Response to Plaintiffs' Fourth Request for Documents to Defendant Bolden, Item 20 (erv) (Entered: 11/06/2001)

Nov. 2, 2001
65

AMENDED COMPLAINT ( 21 pgs) [1−1] w/certificate of service (erv) (Entered: 11/05/2001)

Nov. 5, 2001
67

PROOF OF SERVICE by deft for deft Martin's Response to Amended Pltfs' 3rd Request for Admission to deft Martin by via hand delivery on 11/6/01 (erv) (Entered: 11/15/2001)

Nov. 7, 2001
68

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : that the Court's Case Scheduling Order is modified in the following respects: defts' qualified brief due 12/14/01; pltfs' response due 1/14/02; defts' rply due 1/31/02 (cc: all counsel) (erv) (Entered: 11/15/2001)

Nov. 14, 2001
76

MOTION by defts to extend time to file response to pltfs' and US Attorney's office reply until 12/4/01 w/prf svc (erv) (Entered: 11/20/2001)

Nov. 14, 2001
83

PROOF OF SERVICE by deft Bill Martin for Response to Pltfs' 8th Request for Documents to deft Martin by US Mail on 11/13/01 (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

Nov. 14, 2001
69

MOTION (Ex−Parte) by pltfs to exceed page limitation w/brief in support and proposed oversized brief (erv) (Entered: 11/15/2001)

Nov. 15, 2001
70

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to intervene by USA [63−1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001
71

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [62−1] (cc: counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001
72

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting Becket Fund for Religious Liberty's motion for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment [61−1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

Nov. 15, 2001
73

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : granting Intervenor USA's enlargement of page limit to file brief in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 (cc: all counsel) (erv) (Entered: 11/16/2001)

Nov. 15, 2001
77

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting defts' motion to extend time [76−1]; defts shall have until 12/4/01 to file reply (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

Nov. 15, 2001
78

OPPOSITION by movant The Becket Fund for Religious Liberty in Opposition to defts' Motion for Partial Summary Judgment w/certificate of service (erv) (Entered: 11/20/2001)

Nov. 15, 2001
79

OPPOSITION by pltfs to defts' motion to dismiss (See #13 in 1:01−cv−515) (erv) (Entered: 11/20/2001)

Nov. 15, 2001
80

OPPOSITION by intervenor USA to defts' motion for partial summary judgment (See #13 in 1:01−cv−515) and in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 w/exhibits A−F and certificate of service (erv) (Entered: 11/20/2001)

Nov. 15, 2001
84

PROOF OF SERVICE by deft Bill Martin for Attachments to Defendant Martin's Response to Plaintiffs' 8th Request for Documents to Defendant Martin via US Mail on 11/14/01 (erv) (Entered: 11/20/2001)

Nov. 15, 2001
74

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [69−1] (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

Nov. 19, 2001
75

MOTION by pltf for partial summary judgment as to confiscation and destruction of Melanic Literature w/brief in support (erv) (Entered: 11/20/2001)

Nov. 19, 2001
81

WITNESS LIST submitted by pltf w/prf of svc (erv) (Entered: 11/20/2001)

Nov. 19, 2001
82

MOTION by pltfs to modify and for sanctions w/brief in support, exhibits 1−17 and certificate of service (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

Nov. 19, 2001
85

MOTION by pltf for leave to file declaration of Plaintiff Michael Jenkins w/brief in support and proposed declaration (erv) (Entered: 11/26/2001)

Nov. 26, 2001
86

MOTION by pltf for preliminary injunction w/brief in support, exhibits 1−9 and certificate of service (erv) (Entered: 11/29/2001)

Nov. 28, 2001
87

MOTION by pltfs for immediate consideration of motion for preliminary injunction and to expedite briefing schedule w/brief in support and certificate of service (erv) (Entered: 11/29/2001)

Nov. 28, 2001
88

CHANGE OF ADDRESS by pltf (erv) (Entered: 12/04/2001)

Nov. 29, 2001
89

ANSWER to second amended complaint for declaratory and injunctive relief and for damages by defts; w/affirmative defenses and jury demand and prf of svc (erv) (Entered: 12/04/2001)

Nov. 30, 2001
90

RESPONSE by defts to pltfs' motion to modify [82−1] protective orders and for sanctions [82−2] w/exhibit 1 and prf of svc (erv) (Entered: 12/06/2001)

Dec. 3, 2001
94

REPLY by defts to pltfs' and the intervenor's response to their motion for partial summary judgment w/prf of svc (erv) (Entered: 12/07/2001)

Dec. 4, 2001
91

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion for leave to file declaration of Plaintiff Michael Jenkins [85−1] (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

Dec. 5, 2001
92

DECLARATION by pltf of Michael Jenkins (erv) (Entered: 12/06/2001)

Dec. 5, 2001
93

ORDER ( 1 pgs) by Magistrate Judge Timothy P. Greeley that defts are to file a response to pltf's motion to modify protective orders and for sanctions w/in 30 days (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

Dec. 5, 2001
95

ORDER (2 pgs) by Judge Richard A. Enslen denying pltfs' motion for immediate consideration of their motion for preliminary injunction and to expedite briefing schedule [87−1] (cc: all counsel) [EOD Date 12/12/01] (erv) (Entered: 12/12/2001)

Dec. 7, 2001
97

PROOF OF SERVICE by defts for Defendant Martin's Supplemental Response to Plaintiff's First Request for Documents to Defendant Martin upon atty of record by mail on 12/11/01 (erv) (Entered: 12/17/2001)

Dec. 13, 2001
98

MOTION (Ex−Parte) by defts to exceed page limitation in brief in support of motion for qualified immunity w/brief in support (erv) (Entered: 12/19/2001)

Dec. 14, 2001

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 28, 2000

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Incarcerated member of the Melanic Islamic Palace of the Rising Sun, a non-profit religious organization

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2005 - 0

Issues

General:

Mail

Religious programs / policies

Discrimination-basis:

Religion discrimination